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Discussion Forums: I-485
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Topic: I 485 approval for my spouse
Posted by ritalup (76) 18 Aug 2007
I do not have any updates on my wife's I 485 but mine is already approved.

Do I have to worry on this?

How long does this usually take?

Is anyone in similar situation?
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Posted by bdhiraj2002 (41) 18 Aug 2007
What the Priority Date?
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Posted by ritalup (76) 20 Aug 2007
May 2006.

As this was on EB2 and current for Nepal, I am wondering why it has not approved yet?
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Posted by whencanigetmyg (33) 21 Aug 2007
Same here. What is your approval date?
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Posted by ritalup (76) 22 Aug 2007
It was approved on August 6th, 2007.

What about yours?
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Posted by Jumrus (4) 22 Aug 2007
I-485 approved, mine and my wife's are approved same day.
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Posted by akomaralingam (144) 22 Aug 2007
Congrats!! Can you please share your details like your PD, service center, category etc. Or better yet, update your record on trackitt and provide us the details. This will help others who are still waiting.

Thx,
AK
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Posted by whencanigetmyg (33) 22 Aug 2007
PD: March, 2003
I-485 Applied(Primary & Dervivative): June 11th 2007
I-485 Approved(Primary): August 20th

Did u talk with your lawyer? is it normal?
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Posted by hypepo11 (22) 22 Aug 2007
same here my case approved 06/28/07
wife is pending...
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Posted by pbasu (3) 22 Aug 2007
same here.
PD 29th sept, 2005. NIW-EB2. Primary Approved 8/21/07.
Wife's still pending. My 2nd FP was 5th May, 2007. But she has not got her 2nd FP notice as yet. Does that have anything to do with approval?
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Posted by ritalup (76) 24 Aug 2007
congratulations..

I am still waiting for my wife's approval. I am not sure what is holding it up.....
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Posted by storyneverends (23) 27 Aug 2007
Same situation with me. I was approved 3 weeks ago but no news on my wife's case.
We have had no RFE's.
I spoke to my lawyer who said that it could be pending due to name check.

Also I heard that there were going to be no approvals after 08/17 through 10/01, but I see a lot of approvals for Texas last week. Has anyone heard of this?
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Posted by ritalup (76) 27 Aug 2007
I read it one of the forums about no approvals. But does that affect our wives?

Wish you all the best for your wife's approval.
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Posted by storyneverends (23) 27 Aug 2007
Thanks man... wanted to get done with it for both my wife and myself.
All the best to you as well. Let me know if your wife gets her approval.
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Posted by storyneverends (23) 04 Sep 2007
Any updates on the dependants approvals?
My 485 wss approved over a month ago, but my wife's is still pending.
Just wondering if anyone has any idea how long the dependents approval takes?
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Posted by ritalup (76) 06 Sep 2007
nothing yet, still waiting.....:(
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Posted by CarolVa (75) 07 Sep 2007
Same here, I have been approved, we are still waiting for my husband's approval
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Posted by RNSZ2007 (39) 21 Sep 2007
Carolva

Is your husband from a different country from you. I am wondering if the delay is due to nationality. My spouse's is pending the 'internal/external' checks. This was from an agent from NSC.

Have there been many simultaneous spousal approvals?

How long has the wait been between primary applicant/petitoner's approval to the derivative approval?
TIA
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Posted by TheGreenGoblin (2531) 21 Sep 2007
The same here. Primary approved on Aug. 21, derivative still pending. Moreover, derivative app. was transferred from Texas to Nebraska, no LUDs since transfer date (Sep. 10) :(
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Posted by mrane1 (72) 21 Sep 2007
Mine was approved on Sept 17. On the same day, there was a soft LUD on my wifes case. However, today on the 21st her EAD was approved.. so i suspect she is stuck in NC!! Here we go again... when will this end!
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Posted by RNSZ2007 (39) 21 Sep 2007
mrane

The NSC agent told us something similar about checks. He was very terse and not that helpful. Did your wife travel more than you? Is she from India too?
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Posted by rajeshp123 (152) 21 Sep 2007
mrane1,

Was your I-140 approved prior to submitting the I-485 AOS package in June 2007?

I am kind of stuck with I-140, I too have PD of EB-3 June 2003, and applied I-485 on Aug 07th 2007., but no receipts yet.

dont know whats going on with USCIS.

rajeshp123 (india).
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Posted by mrane1 (72) 21 Sep 2007
Not really! Infact I travelled more than her.. Yes she is from India...
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Posted by mrane1 (72) 21 Sep 2007
Yes Rajesh. My 140 was approved in early 2006
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Posted by rajeshp123 (152) 21 Sep 2007
Thanks mrane1.

Yeah Having approved I-140 did help the folks who were stuck in the retrogression and got an opprtunity to file the AOS during june-july 2007.
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Posted by maruko (15) 22 Sep 2007
ritalax,
Be patient, my case for your reference.
I got my I-485 approved in June, then my spouse got RFE email notice but never got a hard copy of it. After 3 month later, his case approved. I did not confirm his name check status during the pending period.But I think most spouse stock in name check may delay the approval.

The other possibility is the visa number, maybe they are just waiting for the visa number to become available. It just matter of time, if the main applicant approve, mostly the spouse or other beneficiary will approve at the same time or few months later.
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Posted by ritalup (76) 22 Sep 2007
thank you for your suggestion.

As my wife's work authorization expires on Dec, do you think it is a good idea to renew as I don't know how long it takes I-485 to get approved. Any suggestion on this one?

Last time when I went for an infopass they said, I was stuck on name check but not her. I am not sure if that was something delaying her case.

Hope she gets her soon.
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Posted by maruko (15) 22 Sep 2007
I think you should apply new EAD for her, because the processing time will be longer than usual.
It is better to apply the new EAD 3 month before its expiration date.
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Posted by msam (16) 22 Sep 2007
I got my approval on 09/05, but my wife did not. The interesting thing is we both got LUDs with no message change on 08/28 and 08/29.

My Country of Birth is Malaysia even though my Nationality is India. She is an Indian national and was born in India as well. I don't know whether this contributed to her not getting her approval. Or maybe her security checks did not clear. Not sure...
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Posted by queserasera (47) 22 Sep 2007
msam - If primary applicants are allowed to use their dependant spouse's nationality for cross-chargeability purposes, why wouldn't you have filed your wife's 485 under "Malaysia". I assume you did. In that case I don't know why you feel that her "nationality" has any bearing. Have you tried calling the service center to find out why her case might be stuck? This is a perfectly legitimate reason to call them. My 2c. -qss
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Posted by msam (16) 22 Sep 2007
Actually, I did not request anything specifically when I filed. So, I am assuming mine was considered under Malaysia while my wife's would be under India. I am not sure whether this is even true. If someone knows, please do let me know.

I called NSC once without my wife being present and the IO officer that I spoke to said that her application is delayed because she is a derivative applicant. That did not make sense for me since a lot of people are getting their approvals together. She was not willing to discuss her case with me (without my wife present) any further. My wife and I decided to wait a month before she called. So, just waiting for early October and hoping her approval would go through in the meantime.

The confusing part for me is her LUDs. If she did not get LUDs on the same dates, I would have assumed that her security checks may be pending. Maybe the officer decided to "pre-approve" her case since my security checks got done but hers were not.
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Posted by mrane1 (72) 22 Sep 2007
The country is always country of birth.. citizenship does not matter... I dont think it has anything to do with the citizenship... there are lot of people with similar scenario, myself included... My wife and I are both from India but I was approved she was not even though she has LUDs on her application... the I/O couldnt tell why.... she just said wait for a few more days! I was assuming my wife got stuck in NC, but now I am not sure...
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Posted by CarolVa (75) 22 Sep 2007
yes, my husband is from Argentina, I am from Colombia
and I do not carry his last name
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Posted by queserasera (47) 22 Sep 2007
msam - Here is some information I found on general chargeability and cross-chargeability rules for AOS adjudication. See if this throws some light on your specific situation:
http://pubweb.fdbl.com/news1.nsf/7f4d7596b0572ba886256e3100809439/b39da08089b9b3438525708c006d4de6?OpenDocument

Actually, try doing a Google search on the phrase "cross chargeability" and you will find a lot of other resources.
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Posted by RNSZ2007 (39) 24 Sep 2007
msam

I was told by the customer reps that a derivative application takes longer but then simulatenous approvals show this to be false. My wife's application is delayed becuase of internal/external checks. CarolVA your case maybe closer to mine with the different names hence the delay. I think the name checks and marriage certificates must be verified before they process the derivative application.
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Posted by storyneverends (23) 26 Sep 2007
My case got approved almost 2 months ago, but my wife's is still pending. No RFE's as well.
We carry the same last name, and have same Nationality.
So far we got our EAD's, FP notice, AP at the same time.
Not too sure why her case is taking so long.
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Posted by RNSZ2007 (39) 26 Sep 2007
My wife's approval is still help up in internal/external checks. I can only guess that if the same name and nationality and filing date have made no difference then a check on the marriage due to how many years being married maybe the factor? Our is less than 3. Does anyone who is waiting for their spousal approval have a different scenario?
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Posted by mrane1 (72) 26 Sep 2007
My spouse and I have been married for close to 6 years... Now I am thinking could it be the maiden name that caused it!
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Posted by storyneverends (23) 26 Sep 2007
Hmm.. how about everyone's spouses visa status.
Are all spouses on dependent visa's or do they have their own independent visa?
Eg - Husband is on L1 and wife is on a H1B.
That could be a factor !
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Posted by cadp (75) 26 Sep 2007
Both my husband and I had concomitant LUDs on 9/11 and 9/12, mine was approved 9/18, his is still pending. He called yesterday and was told that the case is currently reviewed by an officer and he should call back after 90 days if no approval by then.

I was told that it should not matter but I was J1 for 3 1/2 years, then H1B when I applied for adjustment of status. My husband was J2 for 3 1/2 years, then H4 for a little while, then F1 when we applied for adjustment of status. Otherwise cases are similar (same country, I mean)
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Posted by msam (16) 26 Sep 2007
Actually, my wife was also on F1 status and she also got LUDs on the same dates as mine. Maybe that is the common link.
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Posted by hesc (54) 26 Sep 2007
it took just two months to get your 485 approved? isn't that fast?
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Posted by ritalup (76) 26 Sep 2007
my wife is on H4, and I was in H1 when we applied. She got her AP Approval before mine but our EAD was approved at the same time.

Well, as my wife's EAD will expire on Dec 15th so we might be better off to apply for EAD renewal. Does anyone know what we need to renew EAD ?

thank you
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Posted by cadp (75) 26 Sep 2007
Actually I know this too well. Don't do e-file, unless you are ready to travel to the US CIS center for biometrics. Yes, if you e-file they will ask to give biometrics (picture and 1 finger), but they will collect them separately, those from your I-485 are not used in the process.

Do paper application, and you find form and fee in the USCIS website. You will need two passport photos and copies of all previously issued EADs. The instructions for the form will tell you where to mail the form based on whatever criteria (state where you live in, or where your I485 is filed, not sure). Do it asap, I think the time of the magical 90 days has gone, people wait 100+ even for renewals.
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Posted by RNSZ2007 (39) 27 Sep 2007
I think we are like the blind men describing the elephant. Each different part does not seems to make sense why the spousal approval would be separated from the primary applicant. Also none of the applicants who have simulatenous sposual approvals mentioned their details so we cannot benchmark. The mysterious saga continues.
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Posted by idavarcpa (54) 27 Sep 2007
My friend got a request to do her FP enenthough she filed paper application
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Posted by idavarcpa (54) 27 Sep 2007
I think that delay on spouse case is due to pending security check. One of my friends was approved and spouse remained pending for couple more month due to security check
Hope it helps
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Posted by najatgi (2) 01 Oct 2007
HI All,
I am new to this forum. My Green Card was approved on 8/23/07 with PD of 12/2006 and I 485 AD: 30/4/2007.
my husband case is still pending and it is frustrating me , can you please give me the number that you call so i can check if it is stuck in name check or somthing else. my case was filed with Texas service center.

Thank you so much
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Posted by idavarcpa (54) 01 Oct 2007
Try 18003755283 1 2 2 6 1 1 1 3 4 . This will lead you to TSC IO, or try InfoPass
Good Luck
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Posted by maruko (15) 01 Oct 2007
you can check on USCIS website for the phone number.
1-800-375-5283. and it has only been one month since your case approved.
I dont think you have to worry about that, my husband's case was pending after 3 months and get approved.
Try whatever you can, call USCIS and do Infopass
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